Swiren Law Firm, P.A.

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Can a Florida Medicaid applicant keep a home?

by | Aug 24, 2026 | Elder Law | 0 comments

Yes. A Florida home may qualify for Medicaid protection, but the rules depend on the situation. The applicant’s plans and household members can affect eligibility. Understanding these rules early can help protect a valuable family asset.

What happens to a home’s expenses after Medicaid approval?

Florida Medicaid may treat the primary home as an exempt asset under certain conditions, but it does not cover the ongoing costs of homeownership. Property taxes, insurance, mortgage payments, HOA fees, repairs and maintenance still must be paid. These costs can become harder to manage after a move to a nursing home. Much of the recipient’s income may go toward care, leaving less money for home expenses. A spouse who stays in the home may face different financial needs. A sound plan should consider who owns the home, who lives there, how expenses will be covered and whether the costs of upkeep are sustainable.

Renting or selling a home under Medicaid rules

While keeping the home may protect Medicaid eligibility, renting or selling it can change how it is treated under both Medicaid and tax law. Each option carries distinct Medicaid, tax and estate planning consequences. Renting the home can create income that affects Medicaid planning. It may also affect Florida homestead tax benefits.

Key concerns include:

  • Rental income: Medicaid planning must include rental income.
  • Homestead taxes: Renting may reduce or end homestead tax benefits.
  • Property costs: Insurance, repairs, maintenance and management still cost money.
  • Estate planning: Renting may change the home’s role in the estate plan.

Selling may make sense when a home costs too much to maintain or no longer meets family needs. A replacement home may cost less and better fit future needs. However, Medicaid rules require careful handling of the sale proceeds.

Important factors include:

  • Sale proceeds: Unused proceeds may count as assets.
  • Timing: Medicaid rules govern how quickly sale proceeds must be reinvested or spent to avoid affecting eligibility. Delays can create problems.
  • Title: Ownership of the new property can affect Medicaid eligibility.
  • Remaining funds: Cash left after the sale may affect eligibility.

Reviewing these options with a Medicaid attorney before any transaction can prevent eligibility problems, unexpected tax consequences and complications with estate recovery.

What happens to the home after a Medicaid recipient dies?

Medicaid eligibility and home protection are separate issues. A home may remain exempt from Medicaid’s asset count during the applicant’s lifetime, but Florida’s Medicaid Estate Recovery Program may make a claim against the estate after death to recover certain long-term care costs. A Florida elder law attorney can review the property and help create a plan that protects Medicaid eligibility and supports long-term estate goals.

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